Full Text of SB3109 99th General Assembly
SB3109sam001 99TH GENERAL ASSEMBLY | Sen. Julie A. Morrison Filed: 3/31/2016
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| 1 | | AMENDMENT TO SENATE BILL 3109
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3109 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Drainage Code is amended by | 5 | | changing Sections 3-9, 4-2, 4-3, 4-7, 4-9, and 4-10 and adding | 6 | | Section 1.8 as follows: | 7 | | (70 ILCS 605/1.8 new) | 8 | | Sec. 1.8. Appointment of commissioners. After this | 9 | | amendatory Act of the 99th General Assembly all drainage | 10 | | commissioners shall be appointed by the county board in which | 11 | | the district lies. If a district lies in more than one county, | 12 | | the commissioners shall be appointed according to an | 13 | | intergovernmental agreement of the two county boards. The | 14 | | appointments shall be made as vacancies occur at the end of any | 15 | | commissioner's term.
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| 1 | | (70 ILCS 605/3-9) (from Ch. 42, par. 3-9)
| 2 | | Sec. 3-9. Appointment of temporary commissioners - | 3 | | Continuance. If
the Court finds for the petitioners, it shall | 4 | | notify the appropriate
appointing authority which shall be the | 5 | | county board or in home rule
counties as defined by Article | 6 | | VII, Section 6 of the Constitution of 1970
the county chief | 7 | | executive officer of the county in which the petition is
filed | 8 | | to appoint by majority vote as temporary commissioners 3 | 9 | | competent
residents of Illinois own land in the proposed | 10 | | district, provided, however,
that for good cause shown the | 11 | | appropriate appointing authority may waive
the requirement | 12 | | that the temporary commissioners own land in the proposed
| 13 | | district. When the proposed district is situated in 2 or more | 14 | | counties, no
more than 2 such commissioners shall be residents | 15 | | of any one county,
provided however, that for good cause shown | 16 | | the appropriate appointing
authority may waive this residence | 17 | | requirement . In home rule counties
appointments made by the | 18 | | chief executive officer shall be subject to the
advice and | 19 | | consent of the county board. A commissioner thus appointed
| 20 | | shall hold office until his duties are fulfilled or his | 21 | | successor is
appointed and has qualified. Upon the appointment | 22 | | of temporary
commissioners, the cause shall be continued to a | 23 | | day certain for the
filing of their report.
| 24 | | (Source: P.A. 86-297.)
| 25 | | (70 ILCS 605/4-2) (from Ch. 42, par. 4-2)
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| 1 | | Sec. 4-2. Petition for appointment of commissioners. | 2 | | Whenever a petition signed by a majority of the total number
of | 3 | | adult landowners who together own a majority of the area
| 4 | | embraced in the district or a majority of the residents in the | 5 | | district requesting the appointment of an
individual as | 6 | | commissioner is filed with the county clerk of the county in
| 7 | | which the greater part of the territory of the district lies | 8 | | not more than 4
weeks nor less than
1 week before the first | 9 | | Tuesday of September, then the county clerk shall
forward the | 10 | | petition to the appropriate appointing authority and, except
| 11 | | for good cause shown, the appropriate appointing authority
| 12 | | shall then appoint that individual as commissioner, if he is
| 13 | | otherwise qualified.
| 14 | | (Source: P.A. 88-607, eff. 1-1-95.)
| 15 | | (70 ILCS 605/4-3) (from Ch. 42, par. 4-3)
| 16 | | Sec. 4-3. Qualifications of Commissioners. No person shall | 17 | | be appointed
or elected commissioner of a district who is not | 18 | | an adult resident of
Illinois. Neither shall any person be | 19 | | appointed or elected commissioner of
a district who does not | 20 | | own land in the district unless (a) the court in
election | 21 | | districts or the appointing authority in other districts finds | 22 | | it
to be in the best interests of the district that the | 23 | | requirement of
ownership of land in the district be waived or | 24 | | (b) the selection of
commissioners is by appointment and a | 25 | | majority of the adult landowners
owning a majority of the area |
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| 1 | | embraced in the district have duly petitioned
the appropriate | 2 | | appointing authority to allow the appointment as
commissioner | 3 | | of an individual who does not own land in the district.
| 4 | | (Source: P.A. 86-297.)
| 5 | | (70 ILCS 605/4-7) (from Ch. 42, par. 4-7)
| 6 | | Sec. 4-7.
Appointment of commissioners in districts | 7 | | organized under Levee
Act and certain other districts.
In all | 8 | | districts which, at the time this Act goes into effect, were
| 9 | | operating and existing under the provisions of the Levee Act, | 10 | | or under
the provisions of any other act repealed by this Act | 11 | | except the Farm
Drainage Act, the commissioners thereof shall | 12 | | hereafter be appointed in
the same manner and with like | 13 | | qualifications as though the districts had
been originally | 14 | | organized under this Act unless the landowners have elected
to | 15 | | change from the appointment to the election of commissioners in | 16 | | the
manner provided in Section 4-8 . The commissioners in office | 17 | | at the time
this Act goes into effect shall continue as | 18 | | commissioners of the district
under this Act until the | 19 | | expiration of their terms of office and until
their successors | 20 | | are selected and shall have qualified as provided in this
Act. | 21 | | Commissioners appointed under this section shall, within 20 | 22 | | days after
their appointment, qualify by subscribing to an oath | 23 | | of office and giving
bond, in the manner provided in Section | 24 | | 4-4.
| 25 | | (Source: P.A. 86-297.)
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| 1 | | (70 ILCS 605/4-9) (from Ch. 42, par. 4-9)
| 2 | | Sec. 4-9.
Single
commissioner.
| 3 | | Whenever the drains, levees or other work for the | 4 | | construction of which
the district was organized are completed, | 5 | | then the appointing authority
may, upon the petition of adult | 6 | | landowners owning a majority of the area
embraced in the | 7 | | district, or a majority of residents in the district, dispense | 8 | | with 2 commissioners, and the appointing
authority shall | 9 | | thereafter appoint for such district a single commissioner,
who | 10 | | shall hold office for a term expiring on the first Tuesday in | 11 | | September
of the third year following his appointment and until | 12 | | his successor is
appointed and has qualified, and such single | 13 | | commissioner shall perform the
duties and be vested with and | 14 | | exercise the powers imposed upon
commissioners generally. | 15 | | Whenever, upon the petition of one or more
landowners or | 16 | | residents in such district, it appears to the appointing | 17 | | authority that
additional work may be necessary in such | 18 | | district, or for other good cause
shown, the appointing | 19 | | authority shall appoint 2 additional commissioners in
the | 20 | | manner provided by Section 4-10 so as to make a total of 3
| 21 | | commissioners for the district.
| 22 | | (Source: P.A. 77-701.)
| 23 | | (70 ILCS 605/4-10) (from Ch. 42, par. 4-10)
| 24 | | Sec. 4-10.
Filling vacancies in appointive |
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| 1 | | commissioners-Removal from
office. If, for any reason, a | 2 | | vacancy occurs in the office of commissioner
in a district in | 3 | | which the commissioners are appointed the appointing
authority | 4 | | may appoint a successor, either without notice or upon such
| 5 | | notice as the appointing authority may direct, to fill the | 6 | | vacancy until
the first Tuesday of September next, on which | 7 | | date, or as soon thereafter
as may be feasible, the appropriate | 8 | | appointing authority shall appoint a
successor for the | 9 | | remainder of the term, in accordance with Sections 3-9,
4-1 and | 10 | | 4-2. For good cause shown any commissioner , whether elected or
| 11 | | appointed, may be removed from office by the appointing | 12 | | authority upon its
own motion or upon the motion of any | 13 | | interested landowner or resident . Notice to such
commissioner | 14 | | of the hearing on such motion shall be given as the appointing
| 15 | | authority shall direct.
| 16 | | (Source: P.A. 86-297.)
| 17 | | (70 ILCS 605/4-5 rep.)
| 18 | | (70 ILCS 605/4-6 rep.)
| 19 | | (70 ILCS 605/4-8 rep.)
| 20 | | Section 10. The Illinois Drainage Code is amended by | 21 | | repealing Sections 4-5, 4-6, and 4-8.
| 22 | | Section 99. Effective date. This Act takes effect upon | 23 | | becoming law.".
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